Weights and Measures of Capacity Act, 1871

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WEIGHTS AND MEASURES OF CAPACITY ACT, 1871

 

The

Weights and Measures of Capacity Act, 1871

act No. XXXI of 1871

[30^th  October, 1871]

 

An Act to regulate the Weights and Measures of Capacity of [Pakistan].

whereas it is expedient to provide for the ultimate adoption of a uniform system of Weights and Measures of Capacity throughout Pakistan] ; It is hereby enacted as follows :—

 

I.—preliminary

1.             Preamble. This Act may the called the  Weights and Measures of Capacity Act, 1871, and extends to [the whole of Pakistan].

 

II.—standards

2.             Standard of weight. The primary standard of weight shall be called a ser, and shall be a weight of metal in the possession of the [Central Govern­ment], equal, when weighed in a vacuum, to the weight known in France as the Kilogram me de Archives.

3.             Units of weights and measures of capacity. The units for weight and of measures of capacity shall be— for weights, the said ser ;

for measures of capacity, a measure containing one such ser of water at its maximum density weighed in a vacuum.

4.             Special weights and measures of capacity may by authorized. The [Central Government] may, from time to time, by notification in the [official Gazette], declare the magnitude and denominations of the weights and measures of capacity, other than the said units, to be authorized under this Act :

Provided that every such weight or measure of capacity shall be an integral multiple or integral sub-multiple of one of the units aforesaid.

The Central Government] may, in like manner, revoke such notification. Unless it be otherwise ordered in any such notification, the sub­divisions of all such weights and measures of capacity shall be ex­pressed in decimal parts.

 

5.             Districts how defined. The [Central Government] may, from time to time, by notification in the [official Gazette], define the limits of districts for the purposes of this Act.

The [Central Government] may, from time to time, by noti­fication in the official Gazette, define the limits of sub-districts for the purposes of this Act.

 

6.             Primary standards to the provided. The Central Government] may provide, for such districts as “[it] thinks fit, proper primary standards and sets of the said authorized weights and measures of capacity.

Such standards shall, for the purposes of this Act, be deemed the standards for such districts.

7.             Local standards to be provided. The Central Government] may provide, for such sub-districts as it thinks fit, copies of such of the said authorized weights and measures of capacity as shall be necessary to serve as local standards in such sub-districts.

Such local standards shall be deemed correct, until they are proved to be otherwise.

 

III.—use OF new weights AND measures OF capacity

 

8.             Use of new weights and measures of capacity in government offices, etc. Whenever the Central Government] considers that pro­per standard weights and measures of capacity have been made available for the verification of the weights and measures of capacity to be used by any Government office or municipal body or railway company, the [Central Government] may, by notification in the [official Gazette], direct that, after a date to be fixed therein, all or any of the weights and measures of capacity authorized as afore­said shall be used in dealings and contracts by such office, body or company ; and may, in like manner, from time to time, alter or revoke such direction.

9.             Contracts by weight or measure of capacity. After the date fixed in any notification under section 8, all dealings and contracts had and made by the officers, bodies or companies, mentioned in such notification, for any work to be done or goods to be sold or delivered by weight or measure of capacity, shall, in the absence of a special agreement to the con­trary, be deemed to be had and made according to the weights or measures of capacity directed in such notification to be used by such officers, bodies or companies.

 

IV.—wardens

10.          Appointment of wardens. The Central Government] shall appoint wardens for the custody of the primary and local standards and sets of autho­rized weights and measures of capacity hereinbefore mentioned.

The Central Government] may, at any time, suspend or remove any such Warden and appoint another.

 

11.          Power to make rules. The Central Government] may, from time to time, make rules consistent with this Act for regulating the following matters :—

(a)           the appointment of Wardens ;

(b)           the guidance of Wardens in all matters connected with the performance of their duties ;

(c)           the provision, replacement, custody and use of the standards ;

(d)           the method of verifying local standards and weights, weighing machines and measures of capacity authorized under this Act, and balances, and of certifying such verification ;

provided that such verification shall not be required to be made oftener than once in two years ;

(e)           the errors which may be tolerated in weights, weighing machines and measures of capacity authorized under this Act, and in balances ;

(f)            the shapes, proportions and dimensions to be given to weights, weighing machines and measures of capacity authorized under this Act, and to balances, and the materials of which they may be made ;

(g)           marking weights and measures of capacity authorized under this Act with their several denominations ;

(h)           the conditions under which Government offices, muni­cipal bodies and railway companies shall be subject to inspection and verification of the weights, weighing machines and measures of capacity authorized under this Act, and of the balances used by them ;

(i)            the fees to be paid for verifying, correcting and certifying the verification of weights, weighing  machines and measures of capacity authorized under this Act, and of balances.

12.          Publication of rules.  Such rules shall be published in the official Gazette].

Rules, when specially applied, to have force of law. And the Central Government] may, by notification in the official Gazette], declare that, from and after a day to be named therein, all or any of the said rules shall come into force in respect of any Government office, municipal body or railway company : and thereupon, to the extent specified in such notification, such rules or rule shall have the force of law.

 

13.          Officers of Government and others to comply with rules. All officers of Government, municipal officers, and officers and servants of railway companies shall comply with such rules so far as they concern them, and pay such fees as the said rules shall prescribe.

 

14.          Warden may refuse to verify or correct things unfit. The Warden may deface, or render incapable of use, or refuse to verify, correct or mark, anything brought to him for verification or correction, which appears to him unfit for verifica­tion or correction.

 

15.          Exercise of any of warden’s powers. Any of the powers and duties conferred and imposed by this Act on a Warden may be exercised and performed by any other officer whom the [Central Government] may, from time to time, appoint.

16.          Counterfeiting wardens marks. Whoever knowingly counterfeits any mark used by a Warden under section 11 shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

 

17.          Tables of equivalents. The Central Government] may, from time to time, prepare tables of the equivalents of weights and measures of capa­city, other than those authorized under this Act, in terms of the weights and measures of capacity so authorized and the equivalents so stated, after notification in the [official Gazette], shall be deemed the true equivalents.

 

18.          Definition of appropriate Government. Omitted by  A. 0., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956).